EASEMENT AGREEMENT

(Colorado – Form Template)

[// GUIDANCE: This template is drafted for use in the State of Colorado. It is designed for a wide variety of easement types (access, utility, drainage, etc.). Bracketed items must be customized. Delete all guidance boxes and inapplicable bracketed language prior to execution/recording.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Grant of Easement
   3.2 Purpose and Use Restrictions
   3.3 Consideration
   3.4 Conditions Precedent
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution & Acknowledgment

1. DOCUMENT HEADER

Easement Agreement (this “Agreement”) dated as of [EFFECTIVE DATE] (the “Effective Date”), by and between [GRANTOR LEGAL NAME], a [ENTITY TYPE & STATE] (“Grantor”), and [GRANTEE LEGAL NAME], a [ENTITY TYPE & STATE] (“Grantee,” and together with Grantor, the “Parties,” and each a “Party”).

Recitals
A. Grantor is the owner of that certain real property located in the County of [COUNTY], State of Colorado, more particularly described in Exhibit A (the “Servient Estate”).
B. Grantee desires an easement over, across, and through the Servient Estate for the [SPECIFY TYPE: non-exclusive/perpetual/temporary, access/utility/etc.] purposes set forth herein, and Grantor is willing to grant such easement subject to the terms and conditions of this Agreement.
C. The Parties enter into this Agreement in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

NOW, THEREFORE, the Parties agree as follows:

2. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below. Defined terms may be used in the singular or plural with the same meaning.

“Actual Damages” means direct damages proven in fact, excluding all Consequential Damages.
“Affiliate” means, with respect to any Person, any other Person directly or indirectly controlling, controlled by, or under common control with such Person.
“Applicable Law” means all federal, state, and local statutes, regulations, ordinances, and common-law requirements applicable to the Easement, including without limitation Colo. Rev. Stat. § 38-35-109 (Recording of Instruments).
“Consequential Damages” means incidental, special, indirect, punitive, exemplary, or consequential damages, including loss of profits or business interruption.
“Easement Area” means the portion of the Servient Estate depicted in Exhibit B.
“Easement Rights” has the meaning given in Section 3.1.
“Force Majeure Event” has the meaning given in Section 7.4.
“Lien” means any mortgage, deed of trust, security interest, pledge, or other encumbrance.
“Person” means any natural person, corporation, partnership, limited liability company, trust, or governmental authority.

[// GUIDANCE: Add or delete defined terms as needed.]

3. OPERATIVE PROVISIONS

3.1 Grant of Easement

Subject to the terms of this Agreement, Grantor hereby grants, bargains, sells, and conveys to Grantee, its successors and permitted assigns, a [perpetual / term-limited] [exclusive / non-exclusive] easement (collectively, the “Easement Rights”) over, across, under, and through the Easement Area for the purposes described in Section 3.2, together with the right of ingress and egress to, from, and along the Easement Area.

3.2 Purpose and Use Restrictions

(a) The Easement Rights may be used solely for [e.g., vehicular and pedestrian access, installation, operation, maintenance, repair, replacement, and removal of utility lines, etc.] (the “Permitted Use”).
(b) Grantee shall not use the Easement Area for any purpose other than the Permitted Use or in a manner that unreasonably interferes with Grantor’s use of the Servient Estate.

3.3 Consideration

In consideration of the Easement Rights, Grantee shall pay Grantor [Dollar Amount] on or before the Effective Date and shall perform all obligations herein.

3.4 Conditions Precedent

The effectiveness of this Agreement is conditioned upon (i) Grantee delivering the consideration in Section 3.3, and (ii) recordation of this Agreement in the real property records of [COUNTY], Colorado (the “Recording Office”).

4. REPRESENTATIONS & WARRANTIES

4.1 Grantor represents and warrants that:
(a) Grantor is seized of fee simple title to the Servient Estate, free of all Liens other than those set forth on Schedule 4.1;
(b) Grantor has full authority to enter into and perform this Agreement;
(c) The execution and delivery of this Agreement does not violate any other agreement or Applicable Law; and
(d) Upon recordation, Grantee will receive an easement superior to all subsequently recorded Liens.

4.2 Grantee represents and warrants that:
(a) Grantee is duly organized, validly existing, and in good standing under the laws of its jurisdiction; and
(b) Grantee has full authority to enter into and perform this Agreement.

4.3 Survival. All representations and warranties shall survive the recordation of this Agreement for a period of [X] years.

5. COVENANTS & RESTRICTIONS

5.1 Maintenance. Grantee, at its sole cost, shall maintain the Easement Area in good order, repair, and condition, promptly repairing any damage it causes.

5.2 Compliance with Law. Grantee shall, at its expense, comply with all Applicable Law relative to its use of the Easement Rights.

5.3 Restoration. Upon completion of any work in the Easement Area, Grantee shall restore the Easement Area and adjoining property to substantially the same condition that existed immediately prior to such work.

5.4 Environmental. Grantee shall not introduce Hazardous Materials to the Easement Area and shall remediate any release caused by Grantee.

5.5 Notice & Cure. A Party alleging breach of this Agreement must provide written notice describing the breach in reasonable detail, whereupon the breaching Party shall have [30] days to cure (or commence curing if the breach is not reasonably curable within such period).

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default”:
(a) material breach of any covenant that remains uncured after expiration of the notice and cure period;
(b) any representation or warranty proves materially false when made;
(c) voluntary transfer of the Easement Rights by Grantee in violation of this Agreement.

6.2 Remedies. Upon an Event of Default, the non-defaulting Party may:
(a) seek specific performance or injunctive relief;
(b) pursue an action for Actual Damages;
(c) recover reasonable attorneys’ fees and costs incurred in enforcement; and
(d) exercise any other remedy available at law or equity.

[// GUIDANCE: Colorado courts routinely enforce specific-performance remedies in real estate contracts, particularly when monetary damages are inadequate.]

7. RISK ALLOCATION

7.1 Indemnification

(a) Grantor Indemnity. Grantor shall indemnify, defend, and hold harmless Grantee and its Affiliates from and against any third-party claims arising out of (i) Grantor’s breach of this Agreement, or (ii) Grantor’s negligence or willful misconduct.
(b) Grantee Indemnity. Grantee shall indemnify, defend, and hold harmless Grantor and its Affiliates from and against any third-party claims arising out of (i) Grantee’s use of the Easement Rights, (ii) Grantee’s breach of this Agreement, or (iii) Grantee’s negligence or willful misconduct.
[// GUIDANCE: Scope may be narrowed or broadened based on negotiation.]

7.2 Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL DAMAGES. EACH PARTY’S AGGREGATE LIABILITY FOR BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE ACTUAL DAMAGES PROVEN BY THE NON-BREACHING PARTY.

7.3 Insurance

Grantee shall, at its expense, maintain commercial general liability insurance with limits of not less than [$___] per occurrence and [$___] aggregate, naming Grantor as an additional insured.

7.4 Force Majeure

Neither Party shall be liable for failure to perform its obligations (other than payment obligations) to the extent such failure is caused by fire, flood, act of God, governmental action, labor dispute, or other event beyond the reasonable control of the affected Party (“Force Majeure Event”), provided that the affected Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties submit to the exclusive jurisdiction of the state courts located in [COUNTY], Colorado (and the federal courts sitting in the District of Colorado for matters of federal jurisdiction).

8.3 Arbitration. [OPTIONAL – ELECT BY CHECKING]
☐ The Parties agree that any dispute arising under this Agreement shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration shall be [CITY, CO], and judgment upon the award may be entered in any court of competent jurisdiction.

8.4 Jury Trial Waiver. [OPTIONAL] To the fullest extent permitted by law, each Party hereby waives its right to a trial by jury in any action arising out of or relating to this Agreement.

8.5 Injunctive Relief. Notwithstanding any agreement to arbitrate, either Party may seek temporary, preliminary, or permanent injunctive relief or specific performance in a court of competent jurisdiction to prevent irreparable harm.

9. GENERAL PROVISIONS

9.1 Termination; Merger.
(a) This Agreement shall terminate (i) upon mutual written agreement recorded in the Recording Office, (ii) upon abandonment of the Easement Rights by Grantee evidenced by a recorded quitclaim deed, (iii) automatically upon expiration of a term-limited easement, or (iv) upon merger of title when the Servient Estate and the benefited property come under common ownership.
(b) Upon any termination, the Parties shall execute and record an instrument evidencing termination.

9.2 Amendment; Waiver. No amendment or waiver of this Agreement shall be effective unless in writing and executed by both Parties and recorded in the Recording Office. Waiver of any breach shall not constitute waiver of any subsequent breach.

9.3 Assignment. Grantee may not assign the Easement Rights, in whole or in part, without Grantor’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed; provided Grantee may assign to an Affiliate or to a successor by merger without consent upon notice to Grantor.

9.4 Successors and Assigns. Subject to Section 9.3, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns, and shall run with the land.

9.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

9.6 Entire Agreement. This Agreement (including all exhibits and schedules) constitutes the entire understanding between the Parties and supersedes all prior agreements with respect to the Easement Rights.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original, and all of which constitute one instrument. Signatures delivered electronically or by facsimile shall be deemed original signatures.

10. EXECUTION & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

GRANTOR:

[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title: _________

GRANTEE:

[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title: _________

NOTARY ACKNOWLEDGMENT – COLORADO

State of Colorado )
County of [COUNTY] ) ss.

The foregoing instrument was acknowledged before me on [DATE] by [NAME], as [TITLE] of [ENTITY].

Notary Public
My Commission Expires: _______

[// GUIDANCE: Colorado recording requires an acknowledged signature and a 1-inch margin per C.R.S. § 30-10-406. Confirm local formatting rules.]

EXHIBIT A – LEGAL DESCRIPTION OF SERVIENT ESTATE

[Insert full legal description]

EXHIBIT B – EASEMENT AREA DRAWING / SURVEY

[Attach survey or scaled drawing]

SCHEDULE 4.1 – PERMITTED LIENS

[List]

[// GUIDANCE:
1. Recording Requirements: Deliver the executed and notarized Agreement to the county clerk and recorder where the Servient Estate lies. Record in both grantor and grantee indexes pursuant to C.R.S. § 38-35-109.
2. Title Review: Obtain an updated commitment and record a memorandum of easement, if desired, to limit public disclosure of terms.
3. Termination: Use a termination of easement document, reference reception number, and record to clear title.
4. Easement Types: Modify Sections 3.1–3.2 to describe appurtenant vs. in-gross rights, exclusivity, duration, stacking rights, and any construction limitations. ]